A Primer on Texas Street Racing Laws
Street racing laws in Texas fall under the broad umbrella of traffic laws according to Section 545.42 of the Texas Transportation Code, which says: "Operation of motor vehicle as a race . . . A person may not participate in the starting of or in a race by motor vehicle on a public highway." The Texas Education Agency goes on to define traffic laws in general as "laws pertaining to the operation and use of vehicles on the roadways."
Other laws which pertain to illegal racing include Section 521.457 of the Transportation Code, which says: "Penalty for racing on highway; license suspension. (a) A person commits an offense by operating a motor vehicle on a highway during a race. (b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor caused a bodily injury to another, in which event the offense is a Class A misdemeanor. (c) On conviction of an offense under this section, the court shall suspend the person’s driver’s license or permit or equivalent authorization issued in another jurisdiction to the person for 90 days. (d) The suspension authorized by Subsection (c) (1) is mandatory and is in addition to any other penalty imposed under this chapter. (2) Except as provided by Section 521.351 , a court shall require a person whose license or permit is suspended under this chapter to pay a reinstatement fee of $125."
According to the Texas Department of Public Safety, a race "means the operation of two or more motor vehicles from a standing start or at accelerating speeds or at speeds of more than ten miles per hour above the speed limit on a street or highway. A simple driving challenge or contest of acceleration or a simple contest of time and distance is not prohibited."
Lastly, it’s important to note that these and other street racing laws are not exclusive to motor vehicles. As Austin criminal defense attorney Brent W. O’Bryan tells a group of law students: You can get arrested for racing your go-kart down the go-kart track or your bicycle down the road even if you’ve got no horsepower under the hood of your car. . . .No matter what kind of vehicle you’re in, if you’re going head to head with somebody else in a race and it’s a public roadway, you may be looking at some big trouble.
Penalties Under Texas Street Racing Laws
The state of Texas has several penalties associated with illegal street racing, such as fines, imprisonment, or license suspension. The penalties for first offenses and the penalties for repeated offenses are also different. Since street racing is also usually accompanied by an Other Offense, such as Reckless Driving or Driving While Intoxicated, the particularities of the offenses (penalties and reasons) can vary the overall punishment you could receive. Penalties for Street Racing include: Misdemeanor Penalties for Street Racing – Class B Misdemeanor Fines: Up to $4,000.00 Imprisonment: Up to 180 days Driver’s License Suspension: Up to 180 days Probation: Up to two years
Felony Penalties for Street Racing – State Jail Felony Fines: Up to $10,000.00 Imprisonment: 180 days to two years Driver’s License Suspension: 180 days to two years Probation: Up to five years
Repeat Offenses The penalties for subsequent offenses include both a fine and a prison sentence that continues to increment with each successive conviction. In addition, the first offense felony however, significantly increases the severity of the punishment for future convictions. Repeated offenses can add up to significant costs and time. For a first offense, the person’s fine and possible jail sentence are less than those associated with felonies. However, If you are convicted of an offense defined as a felony by the state of Texas, the possible punishment also includes jail time. The details for these alterations in punishment are set out in the following table:
How Texas Enforces Street Racing Laws
The Lone Star State has a comprehensive legal framework in place to deter illegal street racing. Law enforcement agencies use several methods to detect and prevent this activity. One of the most common approaches is the use of surveillance cameras. These high-tech devices serve as additional eyes in the sky. Certain superior cameras can get a clear view of a street for several hundred yards, even during the night. Due to their sophisticated ability to zoom in on and capture all plate numbers, they have become a valuable tool. The Texas Transportation Code also imposes severe penalties on participants in street racing. If an officer in the state can identify an individual participating in two or more racing incidents, that person will be subject to arrest. These offenses are categorized under section 545.420, which flatly prohibits participants from driving at high speeds. Moreover, the Texas Department of Transportation has launched a campaign aimed at deterring street racing. These include highway billboards that display stark statistics about the dangers of racing on public streets.
Street Racing and Forfeiture of Vehicles
In addition, if you are convicted of a misdemeanor under chapter 545, 551 or 552 or a felony under chapter 541, 545, 546, 547, 548, 550,552 or 601 of the Transportation Code resulting from racing on the highway, your vehicle used in the violation may result in a civil asset forfeiture (criminal offense greater that a Class B misdemeanor). Any person whose vehicle is seized pursuant to this section is entitled to written notice and a post-seizure hearing. This means for a misdemeanor offense, you will either lose your vehicle or the State will take possession of it pursuant to forfeiture law. The law requires the vehicle only to be forfeited if it is owned by the accused or the accused had an ownership interest in the vehicle. There is no provision in the law to consider the innocent owner of a vehicle that was being driven by the accused. If the accused had no ownership interest in the vehicle but rather only a right to drive the automobile, the vehicle will not be subject to seizure and forfeiture. A recent decision by the Texas Court of Appeals in Dallas, Brown v. State, held that "a motor vehicle in which the actor has no ownership interest, but in which she has a right to operate is not subject to seizure under the forfeiture statute." The seconds portion of the above statute allows for a civil seizure of the vehicle rather than criminal forfeiture. The two require different proof and evidentiary standards. Another factor is the District or City Attorney in your based on whether or not they are going to request a seizure of your vehicle. If they do, the forfeiture action will be in district court. If they do not, they can file a civil seizure that goes before the County Court, and will be decided there. The County will look at the facts and determine whether or not there is merit to the seizure of the vehicle, and consider an innocent party claim. Most times, a civil seizure of the vehicle will result of a driving suspension being ordered with no restriction on the right to register or operate the vehicle.
Defenses to Charges of Illegal Street Racing
Several legal defenses against street racing charges can be used if you have been accused of this offense in Texas. From the evidence used by law enforcement to the circumstances of your arrest and where you were driving, there are always potential legal defenses to consider.
Lack of adequate evidence
For instance, if no one witnessed your racing, the prosecution will likely have a difficult time proving its case. But this is particularly true if nobody witnessed the incident. Law enforcement may say they "saw" you racing, but it was most likely from a distance, and unless they had video evidence directly pointing to you or your race, it’s unlikely they saw what you did. They can’t pull people over and cite them for racing every time their radar picks up someone speeding – not to mention that radar doesn’t pick up racing specifically, just speeds above the speed limit. And a good attorney will point to these gaps in the prosecution’s case to have it dismissed or reduced.
Mistaken Identity
Another line of defense concerns officers who say they witnessed the incident. Not only must they have seen it, but they must be able to prove it was you who was actually racing . In many instances, police officers make mistakes, pull over the wrong person or misidentify the vehicle. This is notorious on highways and freeways, where vehicles are difficult to tell apart and move at such high speeds that a police officer’s observations may be misleading or wrong, despite their best efforts to catch the right person.
There’s also the issue of whether another driver would be likely to have been able to identify you as the perpetrator, or vice versa. And unless the other driver is willing to testify about his version of events, the court cannot assume that he has anything of value to contribute to the proceedings.
Circumstantial Evidence
The offense of street racing also requires the prosecution to prove that you participate in a race – essentially, that you were present in a competitive situation. That does not mean that driving less than the speed limit through an intersection while someone decided to "race" you on the highway was actually racing, even though your tempers and speeds may have been equal. Perhaps he or she was just late for work and took off to get there on time.
The Implications of Illegal Street Racing
The consequences of illegal street racing extend beyond criminal charges and personal injury. Virulent disapproval of street racing in the community also arises from the threat to public safety posed by this type of entertainment. Illegal street racing creates a need for greater law enforcement, which embodies a misuse of government resources. In addition, street racing consumes public resources in the form of damage to public property. This occurs either during the pursuit of racers by law enforcement or on account of the damages inflicted on public roadways. In fields of medicine and crisis management, an increase in the amount of traffic injuries, deaths, and other damages inevitably results in an increase in emergency room visits. The full cost of street racing, then, is carried by the taxpayer by way of taxation. A practical cringe may accompany a detailed observation of the impact of street racing on community life and public health: the emotional toll of special traffic patrolman duty on police officials, nurses, and other emergency room personnel results in a sizable social cost.
Alternatives to Engaging in Illegal Street Racing
Fortunately, there are legal alternatives to street racing in Texas. For example, you and a group of fellow car enthusiasts can organize regular meets at a park or other safe location where you can all drive your cars without breaking the law – and without endangering yourselves or others. Alternatively, there are also organized street racing events that cater to specific types of cars (such as classic cars) or types of racing (such as drag, which means going in a straight line on a track). These events are usually supervised by authorities and allow racers to have fun in a secure, controlled environment . The best way to ensure that you’re participating in a safe, legal racing event is to seek out events taking place at racetracks in your area. In addition, you and your friends can sign up for organized "track days," which enable car enthusiasts to take their cars onto a racetrack once a week. This gives you an opportunity to brush up on your driving skills and ask experts for racing tips. The thrill and exhilaration of racing without any of the harmful, illegal or reckless aspects of illegal street racing is as good as it gets for car enthusiasts.